(A) Retains fingerprint cards, facsimiles of fingerprints received from the Federal Bureau of Investigation or facsimiles of fingerprints created during a state criminal records check under ORS 181A.190, 181A.195, 181A.200 or 267.237, for the purpose of providing information as described in subsection (4) of this section; and

(B) Provides facsimiles of fingerprints created during a state criminal records check under ORS 181A.190, 181A.195, 181A.200 or 267.237 to the Federal Bureau of Investigation.

(b) The department may not use fingerprint cards or facsimiles of fingerprints retained pursuant to paragraph (a) of this subsection for any purpose other than the purpose of providing information as described in subsection (4) of this section.

(2) An authorized agency as defined in ORS 181A.190 or 181A.195, an agency listed in ORS 181A.200 (2), or a district as defined in ORS 267.237 may subscribe to the fingerprint retention program.

(3)(a) If an authorized agency, agency or district subscribes to the fingerprint retention program, the authorized agency, agency or district must inform an individual subject to a criminal records check under ORS 181A.190, 181A.195, 181A.200 or 267.237 about the program in a form and manner prescribed by the authorized agency, agency or district, provided that the authorized agency, agency or district includes as part of that information notice of the following:

(A) That the individual is not required to participate in the program;

(B) That if the individual chooses to participate in the program, the individual may, at any time, stop participating in the program;

(C) That choosing to participate in the program will allow the department to provide information as described in subsection (4) of this section;

(D) The potential consequences of information being provided as described in subsection (4) of this section; and

(E) The process by which the individual may contest the accuracy of information provided as described in subsection (4) of this section.

(b) Notice provided pursuant to paragraph (a) of this subsection must be provided in a clear and easy to understand manner.

(4)(a) An individual subject to a criminal records check under ORS 181A.190, 181A.195, 181A.200 or 267.237 may, but is not required to, participate in the fingerprint retention program.

(b) If an individual participates in the program, then the department, upon receiving forms containing the person’s fingerprints and other identifying information under ORS 181A.160, or as part of any other proceeding related to the arrest of the individual, shall provide that information to the authorized agency, agency or district for which a criminal records check under ORS 181A.190, 181A.195, 181A.200 or 267.237 for the individual was performed.

(5) At any time, an individual participating in the fingerprint retention program may inform the department, in a form and manner prescribed by the department, that the individual is no longer participating in the program. If an individual informs the department that the individual is no longer participating in the program, the department shall:

(a) Destroy any fingerprint cards and facsimiles of fingerprints that the department has retained for the individual as part of the program;

(b) Inform the Federal Bureau of Investigation that the individual is no longer participating in the program and direct the Federal Bureau of Investigation to destroy any fingerprint cards or facsimiles of fingerprints that the Federal Bureau of Investigation has retained for the individual; and

(c) Notify the authorized agency, agency or district who employs the individual that the individual is no longer participating in the program.

(6) An authorized agency, agency or district that subscribes to the fingerprint retention program may not require a person to participate in the program as a condition of employment.

(7) Information retained by the department under this section is exempt from public disclosure under ORS 192.311 to 192.478, and the department may not disclose the information for any purpose not authorized by this section.

(8) The Department of State Police:

(a) Shall, in consultation with the Oregon Department of Administrative Services, adopt rules for the administration of this section; and

(b) May adopt a fee that an authorized agency, agency or district must pay to subscribe to the program. [2015 c.705 §1]

Note: 181A.205 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 181A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.